Public Authorities (Part 2)

CHAPTER VII - THE PARLIAMENT- GOVERNMENT INTERRELATIONSHIP

Article 104. Reporting to Parliament(1) The Government is responsible before Parliament, its committees and its individual members for supplying them with all information and documents that may be requested. (2) The access of Government members to parliamentary proceedings is ensured, and their presence may be obligatory if so requested.

Article 105. Questioning and Interpellating (1) Both the Government as a whole and each one of its members are obliged to reply to the questions and interpellations raised by Parliament members. (2) Parliament may pass a motion to substantiate its position vis-a-vis the issue that has caused an interpellation.

Article 106. Motion of No Confidence (1) If initiated by at least a quarter of the members present in session and based on their majority vote, Parliament may carry a motion of no confidence in the Government. (2) The initiative to carry a motion of no confidence in the Government will be examined within 3 days from the date when it was brought before Parliament.

CHAPTER VIII - PUBLIC ADMINISTRATION

Article 107. Specialized Central Public Administration (1) Ministries constitute the state's specialized agencies. They put into practice under law the Government's policy, decisions and orders, exercise control over their areas of competence and are answerable for their activities. (2) In order to manage, coordinate and control the national economy, as well as other areas outside the direct responsibility of ministries, other administrative authorities may be set up in accordance with the law.

Article 108. The Armed Forces. (1) The armed forces are subordinated solely by the will of the nation, and their purpose is to safeguard the sovereignty, independence, unity and territorial integrity of the country, as well as the constitutional democracy. (2) The structure of the national defense system will be determined by organic law.

Article 109. Basic Principles of Local Public Administration. (1) Public administration as manifested in the administrative/territorial units is based on the principles of local autonomy, of decentralization of public services, of the eligibility of local public administration authorities and of consulting the citizenry on local problems of special interest. (2) The concept of autonomy encompasses both the organization and functioning of local public administration, as well as the management of the communities represented by that administration. (3) The enforcement of the principles described above may not detract from the unitary character of the State.

Article 110. Administrative/ Territorial Organization From the administrative point of view the territory of the Republic of Moldova is structured in districts, towns and villages. Certain towns may under the law be declared municipalities.

Article 111. Special Autonomy Statutes (1) The places on the left bank of the Nistru river, as well as certain other places in the south of the Republic of Moldova may be granted special forms of autonomy according to special statutory provisions of organic law. (2) The organic laws establishing special statutes for the places mentioned under paragraph (1) above may be amended if three fifths of the Parliament members support such amendments.

Article 112. Village and Town Authorities (1) At village and town level the public administration authorities through which local autonomy is executed are represented by the elected local councils and mayors. (2) The local councils and the mayors operate under the law as autonomous administrative authorities and are assigned the task of solving public affairs in villages and towns. (3) The ways of electing local councils and mayors, as well as their powers and competences shall be established by law.

Article 113. District Councils (1) The district council coordinates the activity of the village and town councils to achieve public service at a district level. (2) The district council will be elected and will work in accordance with the law. (3) The interrelationships of public authorities are based on the principles of autonomy, legality and cooperation in solving common problems.

CHAPTER IX - JUDICIAL AUTHORITY FIRST SECTION - Courts of Law

Article 114. Administration of Justice Justice shall be administered in the name of the law by courts of law only.

Article 115. Courts of Law (1) Justice shall be administered by the Supreme Court of Justice, the Court of Appeal, by tribunals and the courts of law. (2) To hear certain categories of cases special courts may be set up under the law. (3) It is forbidden to set up courts of exception. (4) The structure of the courts of law, their areas of competence and the corresponding judicial procedures shall be established by organic law.

Article 116. Status of Judges (1) Judges sitting in the courts of law are independent, impartial, and irremovable under the law. (2) The judges sitting in the courts of law are appointed by the President of the Republic of Moldova following a proposal submitted to him by the Higher Magistrates Council. Those judges who have passed the judicature entry test are appointed in their positions at first for a 5-year term, and subsequently for a 10-year term. After 15 years judges will be appointed for a term of office which expires with their reaching the age limit. (3) Both the President and the members of the Supreme Court of Justice shall be appointed by Parliament following a proposal submitted by the Higher Magistrates Council. They must provide evidence of work experience in courts of law that is not less than 15 years long. (4) Judges may be promoted or transferred at their own consent only. (5) Judges may be punished as provided for under the rule of law. (6) The office of judge is incompatible with holding an other public or private remunerated position, except In the area of teaching or scientific research.

Article 117. Public Character of Legal Proceedings Legal Hearings in all courts of law are public. Cases may be heard behind closed doors only as stipulated by law under compliance with all established legal procedures.

Article 118. Language used in Hearings and Right to Use an Interpreter. (1) Legal cases will be heard in the Moldovan language. (2) Those persons who do not know or are unable to speak Moldovan have the right to take knowledge of all documents and items on file and to talk to the court through an interpreter. (3) In accordance with the law legal hearings may also be conducted in a language that is found to be acceptable by the majority of the persons participating in the hearing.

Article 119. Appealing The parties involved in a case and the state authorities may appeal against sentences pronounced in courts of law in accordance with the law.

Article 120. Compulsory Character of Sentences and of Other Final Legal Rulings It is compulsory to abide by the sentences and the other final legal rulings pronounced in courts of law and to cooperate with the latter at their specific request during trials, the execution of sentences and other final rulings of justice.

Article 121. The Budget of the Courts of Law, Compensation and Other Rights (1) The budget of the courts of law is approved by Parliament and is included in the national budget. (2) The compensations and other rights of judges are established by law. (3) The courts of law have control over the police forces placed at their disposal.

SECOND SECTION - The Higher Magistrates' Council

Article 122.Composition(1) The Higher Magistrates' Council is composed of 11 magistrates whose mandate is valid for 5 years.(2) The following belong by right to the Higher Magistrates' Court: the Minister of Justice, the President of the Supreme Court of Justice, the President of the Court of Appeal, the President of the Court of Business Audit, the Prosecutor General. (3) Furthermore, the reunited colleges of the Supreme Court Justice select by secret ballot three more magistrates, and another three are selected by Parliament from amongst accredited university professors.

Article 123. Powers The Higher Magistrates' Council in accordance with regulations established in the organization of the judiciary performs the appointments, transfers, promotions of judges, as well as the disciplinary actions against them.

THIRD SECTION - The Public Prosecution Office Article 124. Powers and Structure (1) The Prosecutor General and the public prosecutors under him exercise control over the exact and uniform enaction of laws by public administration authorities, by juridical and physical entities and their associations, while defending legal order, the rights and freedoms of citizens and supporting the enforcement of justice under the law. (2) The public prosecution system is composed of the General Prosecution Office, territorial prosecution offices and specialized prosecution offices. (3) The structure, powers and activities of the prosecution offices are established by law.

Article 125. Mandate of Public Prosecutors (1) The Prosecutor General is appointed by Parliament following a proposal submitted to the latter by its President (2) The other public prosecutors are subordinated to the Prosecutor General, and appointed by him. (3) The public prosecutor receive their mandate for a period of 5 years. (4) The office of public prosecutor is incompatible with holding any other remunerated position, be it public or private, except in teaching or scientific research. (5) In exercising their powers public prosecutors may submit before the law only.

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